Reversal of redistribution. (A) If any part of the Shared Amount received or recovered by a Recovering Finance Party becomes repayable to an Obligor and is repaid by that Recovering Finance Party to that Obligor, then: (i) each Sharing Finance Party shall, upon request of the Security and Intercreditor Agent, pay to the Security and Intercreditor Agent for the account of that Recovering Finance Party an amount equal to the appropriate part of its share of the Shared Amount (together with an amount as is necessary to reimburse that Recovering Finance Party for its proportion of any interest on the Shared Amount which that Recovering Finance Party is required to pay) (the “Redistributed Amount”); and (ii) as between the relevant Obligor and each relevant Sharing Finance Party, an amount equal to the relevant Redistributed Amount will be treated as not having been paid by that Obligor. (B) The Security and Intercreditor Agent shall not be obliged to pay any Redistributed Amount to a Recovering Finance Party under paragraph (A)(i) above until it has been able to establish to its satisfaction that it has actually received that Redistributed Amount from the relevant Sharing Finance Party.
Appears in 2 contracts
Samples: Intercreditor and Security Sharing Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.)
Reversal of redistribution. (A) If any part of the Shared Amount Sharing Payment received or recovered by a Recovering Finance Party becomes repayable to an Obligor and is repaid by that Recovering Finance Party to that ObligorParty, then:
(ia) each Sharing Finance Party shall, upon request of the Security and Intercreditor Agent, pay to the Security and Intercreditor Agent for the account of that Recovering Finance Party an amount equal to the appropriate part of its share of the Shared Amount Sharing Payment (together with an amount as is necessary to reimburse that Recovering Finance Party for its proportion of any interest on the Shared Amount Sharing Payment which that Recovering Finance Party is required to pay) (the “"Redistributed Amount”"); and;
(iib) as between the relevant Obligor and each relevant Sharing Finance Party, an amount equal to the relevant Redistributed Amount will be treated as not having been paid by that Obligor and the relevant Obligor shall indemnify the Sharing Finance Party against a payment under sub-paragraph (a) to the extent that the relevant Obligor.'s liability has been discharged by the recovery or payment; and
(Bc) The Security and Intercreditor Agent shall not be obliged to pay the extent necessary, any Redistributed Amount to a Recovering Finance Party debt assigned under paragraph (A)(ib) above until it has been able to establish to its satisfaction that it has actually received that Redistributed Amount from the relevant Sharing of Clause 34.3 (Recovering Finance Party's rights) will be reassigned.
Appears in 2 contracts
Samples: Syndicated Facility Agreement (Metals Acquisition LTD), Syndicated Facility Agreement (Metals Acquisition Corp)
Reversal of redistribution. (A) If any part of the Shared Amount Sharing Payment received or recovered by a Recovering Finance Party becomes repayable to an Obligor and is repaid by that Recovering Finance Party to that ObligorParty, then:
(ia) each Sharing Finance Party shall, upon request of the Security and Intercreditor Agent, pay to the Security and Intercreditor Agent for the account of that Recovering Finance Party an amount equal to the appropriate part of its share of the Shared Amount Sharing Payment (together with an amount as is necessary to reimburse that Recovering Finance Party for its proportion of any interest on the Shared Amount Sharing Payment which that Recovering Finance Party is required to pay) (the “Redistributed Amount”); and;
(iib) as between the relevant Obligor and each relevant Sharing Finance Party, an amount equal to the relevant Redistributed Amount will be treated as not having been paid by that Obligor and the relevant Obligor shall indemnify the Sharing Finance Party against a payment under clause 31.4(a) to the extent that the relevant Obligor.'s liability has been discharged by the recovery or payment; and Loan Note Subscription Agreement | DLA Piper | 125
(Bc) The Security and Intercreditor Agent shall not be obliged to pay the extent necessary, any Redistributed Amount to a debt assigned under clause 31.3(b) (Recovering Finance Party under paragraph (A)(iParty's rights) above until it has been able to establish to its satisfaction that it has actually received that Redistributed Amount from the relevant Sharing Finance Partywill be reassigned.
Appears in 2 contracts
Samples: Loan Note Subscription Agreement (Metals Acquisition LTD), Loan Note Subscription Agreement (Metals Acquisition Corp)
Reversal of redistribution. (Aa) If any part of the Shared Amount received or recovered by a Recovering Finance Party Creditor becomes repayable or returnable to an Obligor a Debtor and is repaid or returnable by that Recovering Finance Party Creditor to that ObligorDebtor, then:
(i) each Party that received any part of that Shared Amount pursuant to an application by the Security Agent of that Shared Amount under Clause 9.1 (Recovering Creditor's rights) (a "Sharing Finance Party shallParty") shall (subject in the case of Bondholders Agent Amounts to paragraphs (a) and (c) of Clause 26.1 (Liability)), upon request of the Security and Intercreditor Agent, pay or distribute to the Security and Intercreditor Agent for the account of that Recovering Finance Party Creditor an amount equal to the appropriate part of its share of the Shared Amount (together with an amount as is necessary to reimburse that Recovering Finance Party Creditor for its proportion of any interest on the Shared Amount which that Recovering Finance Party Creditor is required to pay) (the “"Redistributed Amount”"); and
(ii) as between the relevant Obligor Debtor, each Recovering Creditor and each relevant Sharing Finance Party, an amount equal to the relevant Redistributed Amount will be treated as not having been paid or distributed by that ObligorDebtor.
(Bb) The Security and Intercreditor Agent shall not be obliged to pay or distribute any Redistributed Amount to a Recovering Finance Party Creditor under paragraph (A)(ia)(i) above until it has been able to establish to its satisfaction that it has actually received that Redistributed Amount from the relevant Sharing Finance Party.
Appears in 1 contract
Samples: Intercreditor Agreement
Reversal of redistribution. (A) If any part of the Shared Amount received or recovered by a Recovering Finance Party becomes repayable to an Obligor and is repaid by that Recovering Finance Party to that Obligor, then:
(i) each Sharing Finance Party shall, upon request of the Security and Intercreditor Proceeds Agent, pay to the Security and Intercreditor Proceeds Agent for the account of that Recovering Finance Party an amount equal to the appropriate part of its share of the Shared Amount (together with an amount as is necessary to reimburse that Recovering Finance Party for its proportion of any interest on the Shared Amount which that Recovering Finance Party is required to pay) (the “Redistributed Amount”); and
(ii) as between the relevant Obligor and each relevant Sharing Finance Party, an amount equal to the relevant Redistributed Amount will be treated as not having been paid by that Obligor.
(B) The Security and Intercreditor Proceeds Agent shall not be obliged to pay any Redistributed Amount to a Recovering Finance Party under paragraph (A)(i) above until it has been able to establish to its satisfaction that it has actually received that Redistributed Amount from the relevant Sharing Finance Party.
Appears in 1 contract
Reversal of redistribution. (Aa) If any part of the Shared Amount received or recovered by a Recovering Finance Party Creditor becomes repayable or returnable to an Obligor a Debtor and is repaid or returned by that Recovering Finance Party Creditor to that ObligorDebtor, then:
(i) each Party that received any part of that Shared Amount pursuant to an application by the Security Agent of that Shared Amount under Clause 12.1 (Recovering Creditor’s rights) (a “Sharing Finance Party shallParty”) shall (subject to Clause 21 (Note Trustee Protections)), upon request of the Security and Intercreditor Agent, pay or distribute to the Security and Intercreditor Agent for the account of that Recovering Finance Party Creditor an amount equal to the appropriate part of its share of the Shared Amount (together with an amount as is necessary to reimburse that Recovering Finance Party Creditor for its proportion of any interest on the Shared Amount which that Recovering Finance Party Creditor is required to pay) (the “Redistributed Amount”); and
(ii) as between the relevant Obligor Debtor and each relevant Sharing Finance Party, an amount equal to the relevant Redistributed Amount will be treated as not having been paid or distributed by that ObligorDebtor.
(Bb) The Security and Intercreditor Agent shall not be obliged to pay or distribute any Redistributed Amount to a Recovering Finance Party Creditor under paragraph (A)(ia)(i) above until it has been able to establish to its satisfaction that it has actually received that Redistributed Amount from the relevant Sharing Finance Party.
Appears in 1 contract
Reversal of redistribution. (Aa) If any part of the Shared Amount received or recovered by a Recovering Finance Party Creditor becomes repayable to an Obligor a Debtor or Third Party Security Provider and is repaid by that Recovering Finance Party Creditor to that ObligorDebtor or Third Party Security Provider, then:
(i) each Sharing Finance Party Creditor shall, upon request of the Security and Intercreditor Agent, pay to the Security and Intercreditor Agent for the account of that Recovering Finance Party Creditor an amount equal to the appropriate part of its share of the A44420063 Shared Amount (together with an amount as is necessary to reimburse that Recovering Finance Party Creditor for its proportion of any interest on the Shared Amount which that Recovering Finance Party Creditor is required to pay) (the “"Redistributed Amount”"); and
(ii) as between the relevant Obligor Debtor or Third Party Security Provider, each Recovering Creditor and each relevant Sharing Finance PartyCreditor, an amount equal to the relevant Redistributed Amount will be treated as not having been paid by that ObligorDebtor or Third Party Security Provider.
(Bb) The Security and Intercreditor Agent shall not be obliged to pay any Redistributed Amount to a Recovering Finance Party Creditor under paragraph (A)(ia)(i) above until it has been able to establish to its satisfaction that it has actually received that Redistributed Amount from the relevant Sharing Finance PartyCreditor.
Appears in 1 contract
Reversal of redistribution. (Aa) If any part of the Shared Amount received or recovered by a Recovering Finance Party Creditor becomes repayable to an Obligor a Debtor or Third Party Security Provider and is repaid by that Recovering Finance Party Creditor to that ObligorDebtor or Third Party Security Provider, then:
(i) each Sharing Finance Party Creditor shall, upon request of the Security and Intercreditor Agent, pay to the Security and Intercreditor Agent for the account of that Recovering Finance Party Creditor an amount equal to the appropriate part of its share of the Shared Amount A44420063 Xxxxxx Xxxxxx (together with an amount as is necessary to reimburse that Recovering Finance Party Creditor for its proportion of any interest on the Shared Amount which that Recovering Finance Party Creditor is required to pay) (the “"Redistributed Amount”"); and
(ii) as between the relevant Obligor Debtor or Third Party Security Provider, each Recovering Creditor and each relevant Sharing Finance PartyCreditor, an amount equal to the relevant Redistributed Amount will be treated as not having been paid by that ObligorDebtor or Third Party Security Provider.
(Bb) The Security and Intercreditor Agent shall not be obliged to pay any Redistributed Amount to a Recovering Finance Party Creditor under paragraph (A)(ia)(i) above until it has been able to establish to its satisfaction that it has actually received that Redistributed Amount from the relevant Sharing Finance PartyCreditor.
Appears in 1 contract
Reversal of redistribution. (Aa) If any part of the Shared Amount received or recovered by a Recovering Finance Party Creditor becomes repayable or returnable to an Obligor a Debtor and is repaid or returned by that Recovering Finance Party Creditor to that ObligorDebtor, then:
(i) each Party that received any part of that Shared Amount pursuant to an application by the Security Agent of that Shared Amount under Clause 12.1 (Recovering Creditor’s rights) (a “Sharing Finance Party shallParty”) shall (subject to Clause 21 (Pari Passu Note Trustee Protections)), upon request of the Security and Intercreditor Agent, pay or distribute to the Security and Intercreditor Agent for the account of that Recovering Finance Party Creditor an amount equal to the appropriate part of its share of the Shared Amount (together with an amount as is necessary to reimburse that Recovering Finance Party Creditor for its proportion of any interest on the Shared Amount which that Recovering Finance Party Creditor is required to pay) (the “Redistributed Amount”); and
(ii) as between the relevant Obligor Debtor and each relevant Sharing Finance Party, an amount equal to the relevant Redistributed Amount will be treated as not having been paid or distributed by that ObligorDebtor.
(Bb) The Security and Intercreditor Agent shall not be obliged to pay or distribute any Redistributed Amount to a Recovering Finance Party Creditor under paragraph (A)(ia)(i) above until it has been able to establish to its satisfaction that it has actually received that Redistributed Amount from the relevant Sharing Finance Party.
Appears in 1 contract
Samples: Intercreditor Agreement